My hubby has worked over a year as a driver for a company is he entitled to vacation and 401k?

He is the only driver for this company whose profits have gone up since employment but he has no sick days, vacation days, and no pension or 401k. He is a U.S. citizen with a CDL licence and wants to be sure of his rights as an employee.

If he is the only employee not being given these benefits, it would be illegal.

Many companies have drivers assigned as independent contractors, rather than employees, and as contractors, they would not be employees, and would be responsible for their own benefits.

Be sure to determine which of these statuses apply to him before you spend any money on an attorney.

does he receive a w-2 at end of year? 1099? Does he have health insurance? That determines if he's truly an employee or a contracted employee. If he's a contracted employee then he runs his owwn business and up to him to save for retirement and such.

However, that being said...sick days, vacation days, pensions, and 401ks are all benefits. That means they are not required to be provided. There are many companies that don't allow for any of these benefits for their employees; especially smaller ones. Problems arise only when they allow some employees to receive the benefits and not others.

He is not "entitled" to a vacation or a 401K. If the company does not want to give vacation to its employees, how can it be forced to? Same with a 401K plan. Now, if he was promised these things when he joined and other employees have them, he would have a case. If not, then I am sure that his boss would say that he has a choice where he wants to work.

Sorry.